09 August 2016
Promises Edeka only the moon? Insiders suspect that the Tengelmann takeover will cost many jobs. Photo: dpa
courts block the proposed acquisition of the food chain Kaiser’s Tengelmann. An overview of how things might go now.
The drama surrounding the acquisition of the food chain Kaiser’s Tengelmann is to an exemplary case for competition law. Economy Minister Sigmar Gabriel (SPD) has its Exemption for the deal justified by the fact that jobs are saved. But there are strong arguments for not doing so. Meanwhile circulating speculation that Tengelmann blows the sale because the transaction continues to be delayed, because now the courts decide. We explain how it could go on with the branches and workplaces.
What about the jobs at Kaiser’s Tengelmann?
Gabriel has established his ministerial approval mind that for some 16 000 jobs at Kaiser’s Tengelmann collective agreements are created that secure the jobs permanently. The last outstanding agreement – for a logistics center in Nieder-Olm – was completed on Tuesday. Previously, collective agreements had already been signed for all the other companies that are located in Bavaria, North Rhine-Westphalia, Berlin and Brandenburg. It involves about 450 stores, warehouse and administration.
How do trade the situation?
For the Verdi services union contracts are a great success. “Never managed such a comprehensive coverage of employees in a takeover operation,” says Hubert Thiermeyer, Verdi negotiator in Bavaria. The agreements protect the employees for more than five years before operational amendments and terminations. Redundancies with regard to the economic situation of the company are not possible. Also dislocations are difficult to push through. In addition, the inventory of all locations for also at least five years is secured. If branches are outsourced to independent merchants of Edeka Group, the union must agree.
When will implement this?
This is open. Currently, everything hangs in the balance. First, the Bundeskartellamt had prohibited the deal. Gabriel but approved it with the ministerial approval. By contrast, the Edeka rival Rewe Markant and lodged an appeal. The Higher Regional Court Dusseldorf thereupon stopped the takeover in summary proceedings tentatively. Against the decision, the Ministry of Economy has filed a complaint in front of the Bundesgerichtshof (BGH). Only in a few months to be decided on. Until then, the collective agreements do not apply.
Should all be held on the status quo at Kaiser’s Tengelmann?
This is only conditionally. The natural turnover will be as before, and that can be used to restructure. The degree to which this happens is not yet clear. The previous negotiations have shown that the Edeka manager will try to exploit as much as possible, despite the agreements with Verdi their travels. There are plenty of examples from other companies, such as employees with severance pay and more or less gentle pressure were brought to dissolve their contracts. One thing is clear for experts that will come later than the end of the five to maximum of seven years massive cuts.
Why earlier eliminated jobs in any case?
Kaiser’s Tengelmann operates in deficit for years. EUR 100 000 are burned daily. What is clear, therefore, that it needs to go for Edeka aim is to cut costs and to make much more efficient, for instance by departments will be merged, which then pulls the loss of jobs to be – it also has the Monopolies Commission, which advises the Federal Government, pointed vehemently , As job losses on the side of Kaiser’s because of contracts with Verdi’s first taboo, but jobs could be at Edeka may soon be cut off, suspect insider.
What will happen next ?
Currently, all depends on BGH. The question is whether this year makes a decision. It’s the talk that Tengelmann boss Haub could lose patience and the sale to Edeka withdraws because his time is running out already. Already due to the recent delays and met by Gabriel, the selling price of EUR 250 million has been reduced by a three-digit million amount, according to industry experts. An alternative could be the Emperor’s broken for sale in parts to different grocer. Interested parties are plenty. Rewe is one of them, as well as the Hessian Tegut group
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